A Study On The Evidence Collection System Of Civil Litigation Parties

In civil proceedings the parties to provide evidence to prove that the ideas of his own, if the evidence is not sufficient to bear the legal consequences of its own adverse. The parties evidence visible parties collection right can fully realize the relationship for the judge finds that the facts of the case, and make a fair judgment, settle disputes and plays a crucial role. Since 1982, China’s first civil procedure law<The civil procedure law of the People’s Republic of China(Trial)> to 2015 <The civil procedure law of the People’s Republic of China>China’s civil litigation system of evidence collection from the subject of the people’s court in one direction only the litigants, the people’s court while change, but the influence of traditional civil lawsuit idea and the lawsuit pattern, our country specific provisions for the system of evidence collection is still not a system, the parties and their legal representatives in the judicial practice, especially the poor level of the parties in the law to collect evidence was still very difficult. This article first from the related concept of evidence collection when things start, clear the system of evidence collection by the parties and to prove the relationship between right, the burden of proof, legal basis from the parties’ evidence collection system as the breakthrough point.Firstly, the evidence collected from the relevant parties to start with the concept, clarify parties’ evidence collection system and the right to prove, proof relations responsibilities, from the legal basis of the evidence collected by the party system as the starting point, the parties discussed the evidence collection system perfect sense. Second, the empirical analysis of the way the article discusses the legislative history and judicial practice of the parties in the evidence collection system problems and analyze the causes of these problems. Finally, the successful experience outside parties ’evidence collection system, based on the status of Chinese evidence collection system, combined with Chinese national conditions and existing judicial practice, put Perfection Perfecting the Civil parties’ evidence collection system specific direction.